"It's just hard to hear this guy's going to be walking the streets because of a technicality," Myra Gary, whose brother was allegedly murdered by one of the seven men, told the Advocate.
The government adds that the 1994 law applies to foreign works "previously ineligible for protection or whose authors were unfamiliar with the technicalities of United States law".
The idea is to compensate innocent people who do time in error, without rewarding guilty ones whose convictions are quashed on a technicality: the standards for quashing and paying are different.
When John Pintard's creditor missed a payment, Pintard — whose prison syllabus included law books — seized upon this technicality.
Joseph Tacopina, a lawyer who represented Officer Thomas Wiese, whose conviction in the Louima case was overturned on a technicality, said it seemed possible that while wrestling down Mr. Mineo, a police wand could have come in contact with his buttocks.
I suggested to Thomas that it would be difficult for the judges to advise ministers on the technicalities of a bill designed to limit their powers and whose aims they did not share.
In the cases both of Mr Hamdi and of another American detainee, José Padilla, the so-called "dirty bomber", whose suit the justices this week refused to hear on a technicality, the lower courts had ruled that they could be held on "some evidence".
Only a tiny minority, including Evan Thomas (whose lifetime prison sentence was reduced to 25 years before he was released on a technicality), refused to fight.
That covers just about everyone, but Braun cited four others by name: Commissioner Bud Selig and a top lieutenant, Rob Manfred; the union leader Michael Weiner; and Dino Laurenzi Jr., the urine-sample collector whose reputation Braun tried to smear after winning the appeal of his positive drug test on a technicality in 2012.
Is it filled exclusively with people pulled from the battlefield whose role in Al Qaeda has been attested to by witnesses — witnesses who are then kept out of court on undefined technicalities?
